1. Introduction
2. Purpose of the Delegations Policy
3. Delegations framework
4. Application of the Policy to Formal Delegations
5. The Common Seal and Power of Attorney
6. Approval and Amendment of Delegation Schedules
7. Monitoring for currency
1. Introduction
The University of Western Australia Act 1911 gives Senate, as the governing authority of the University, responsibility for the “entire control and management of the affairs and concerns of the University." The Senate is the ultimate legislative authority of the University, with power to enact regulations and to recommend changes to the Statutes, By-Laws and the University Act to facilitate the educational and research mission of the University. The Vice-Chancellor is the Chief Executive Officer of the University and is charged with the duty of promoting the interests and furthering the development of the University; is responsible for the academic, administrative, financial, and other business of the University; and exercises a general supervision over the staff and students of the University. The Vice-Chancellor may delegate any function or any power or duty conferred or imposed upon him/her, subject to this delegations policy, to any member of the staff of the University or person or persons or committee of persons.
The Senate has authorised the Vice-Chancellor to sign documents on behalf of the University, and the Vice-Chancellor has in turn authorised the Executive members to sign documents within their individual portfolio responsibilities. Additionally, the Senate has authorised the Executive members and the University Lawyer as signatories on the University’s registered Power of Attorney.
2. Purpose of the Delegations Policy
The purpose of the Delegations Policy is to establish a framework for delegating authority within the University. The policy applies to all members of the University staff, who have delegated authority to sign documents on behalf of the University. This policy and related legislation, policies and procedures are available via the University Website at: http://www.delegations.uwa.edu.au. Delegations of authority are the mechanisms by which the University enables officers of the University to act on behalf of the University. Delegations are a key element in effective governance and management of the University and provide formal authority to that officer to commit the University and/or incur liabilities for the University.
3. Delegations framework
(a) The overarching delegations policy applies to the University as a whole and Faculties, Schools, Centres and other Business units must align their delegations policies with the central policy.
(b) Delegations are to be exercised within the framework of the University Acts, Statutes, Regulations, Rules and policies and any external legislative requirements.
(c) The policy is designed to ensure that delegated authority is exercised by the most appropriate and well informed individuals.
(d) Delegations reflect the University’s organisational structure as set out in the document entitled “Organisational Structure of the University in Terms of Levels of Delegated Authority” (Appendix 1), which assigns bands of authority in relation to reporting lines within the University. In addition to any authority delegated by University Statute, the members of the Executive have expressly delegated authority of the Vice-Chancellor.
(e) Delegations are attached to the position occupied not to the occupant of the position. The responsibilities of a position appear in a duty statement, role statement or statement of responsibility appropriate to the position.
(f) Levels of authority are hierarchical through relevant lines of responsibility up to and including the Vice-Chancellor. This means that formal authorities held by any delegate are included in those held by that delegate’s supervisor or line manager, providing due account is taken of any requirements for professional qualifications. A delegate who sub-delegates authority remains responsible and accountable for the decision or action.
(g) The policy aligns delegated authority in a manner that facilitates efficiency and effectiveness and increases the accountability of staff for their performance.
(h) The Vice-Chancellor may at any time vary or terminate any delegation, subject to any Statute governing the delegation.
(i) A delegation cannot be exercised where the officer holding the delegation has a conflict of interest.
(j) Permanent changes to delegations, which relate to an individual Business Unit, either permissive or restrictive, require a written authority from the Vice-Chancellor, member of the Executive or Dean, as appropriate. Any major variation to the standard delegations must be approved by the Vice-Chancellor.
(k) Sub-delegation on a temporary basis is appropriate in circumstances where the officer normally responsible is absent for a period of less than two weeks by reason of authorised leave or secondment to other duties. Sub-delegations require a written authority from the individual with the delegated power, or a person in a position to approve the delegated authority.
4. Application of the Policy to Formal Delegations
The policy applies to formal delegations. All delegations of an informal nature where there is no commitment or liability incurred on behalf of the university are carried out in the normal business of the university without the requirement for a written authority.
5. The Common Seal and Power of Attorney
(a) Documents required to be signed under the Common Seal of the University are certificates of degrees, diplomas or other qualifications granted or conferred by the Senate and to statutes made by the Senate.
(b) The Senate, from time to time, approves other documents to be signed under the Common Seal.
(c) The University requires instruments dealing with interests in land (transfers, leases, mortgages and caveats, to name the common ones) to be signed under a Power of Attorney, by two authorised members of the Executive or one member and the University Lawyer.
(d) All documents signed under the Common Seal and executed under the Power of Attorney are registered in the Register of documents.
6. Approval and Amendment of Delegation Schedules
(a) Delegation schedules which have been approved within the framework of the Delegations Policy are accessible on the University’s website in various formats. The standard schedule provides reports by function, by position profile and by administrative area. A separate format, which may include variations to the standard schedule, appears as the Business Unit Schedule with associated reports.
(b) Approval of the standard schedule, and the reports which derive from it, is given by the Executive. After such initial approval is given, a member of the Executive will, within their area of responsibility, judge whether a new or amended delegation is within the approved framework or whether it is outside the framework and therefore requires Executive approval.
(c) The Business Unit Schedule will be developed and maintained by the business unit using only approved delegations from the standard schedule and any permanent changes approved in accordance with 3(j).
(d) Special care must be taken to retain currency of the delegations schedules when delegated authorities are redistributed, a position is reclassified or a business unit is restructured in ways that affect position profiles.
7. Monitoring for currency
(a) Currency of the delegation schedules will be monitored every three years, unless exceptional circumstances render an earlier review desirable. This currency monitoring will be carried out in the form of a report to the Steering Group, to be sent by the head of the business unit in response to a request from the Deputy University Secretary.
(b) The members of the Steering Group are: The University Secretary, the Deputy University Secretary, the Director of Human Resources, the Director of Financial Services, the Director of Legal Services and a Representative of the University Managers Group.
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